Procedure

Question 1

what are the 6 procedural steps for an EEOC charge?

Answer 1

1. The employee files a charge with the EEOC
2. The EEOC serves notice upon the employer
3. The EEOC investigates the charge
4. The EEOC makes a determination on the charge
5. The EEOC issues a right-to-sue letter to the emplpyee
6. The planitff files the employment discrimination claim in court

Question 2

What is the deadline to file a title 7 complaint with the EEOC?

Answer 2

180 days after the alleged event, or, if proceedings have already begun with a local agency, then it is 300 days

Question 3

According to the FEDEx case, what must a complaint to the EEOC contain?

Answer 3

An actual request for the EEOC to act within its statutory function of enforcing anti-discrimination legislation

Question 4

What triggers the counting of days for the deadline to file a compliant with the EEOC?

Answer 4

Whenever the employee receives NOTICE of the adverse action

Question 5

Is a series of discrimaitory events (a “hostile practise”) individual events or one long event? How did this impact the deadline to file?

Answer 5

It is considered one event. So long as the most recent discriminatory event in a hostile practise occurred within the 180/300 complaint period, then it is all considered timley

Question 6

When is the counting of days for a discriminatory payment claim triggered?

Answer 6

When the employee receives notice of the payment decision, not when a discriminatory sum is actually paied

Question 7

Is a disparate impact claim a continuing violation, or a single event? - Lewis case

Answer 7

It is held to be a continuing violation. Whenever policies are used to produce a discriminatory result (with no overt discriminatory intent) it creates a continuing violation. For cases where intent to discriminate is required (disparate treatment), there must be proof that the intent existed within the compliant window - 180/300 days

Question 8

After an employee has filed a complaint with the EEOC, how longdogs the EEOC have to notify the employer about the complaint?

Answer 8

10 days

Question 9

Does the EEOC have subpoena power?

Answer 9

yes

Question 10

What happens when the EEOC begins its investigation?

Answer 10

The employer usually has to make a statement - a response, and an accounting of how the event harmed them

Question 11

Is mediation available? When?

Answer 11

It begins at the investigation phase

Question 12

How does the EEOC make a determination on whether or not to move forward on their own with the charge?

Answer 12

• If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action … If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion

Question 13

what is a letter of violation?

Answer 13

a letter from the EEOC to employer letting them know that they believe a violation has been found

Question 14

is a letter of violation admissible in the court case? Why?

Answer 14

No, because it is too prejudicial under FRE 403 - Manville case

Question 15

What form acts as a satisfactory request for the EEOC to act, and is not a mere request for information?

Answer 15

form 5

Question 16

What could the scope of the charge be?

Answer 16

Should include every applicable (within the company window) incident of discrimination

Question 17

When must a right to sue letter be issued by the EEOC?

Answer 17

Within 90 days of receiving the complaint

Question 18

Is the procedure the same as title 7 for the ADA?

Answer 18

Yes

Question 19

What are the 2 procedural differences between filing title 7 complaints and the ADEA?

Answer 19

While a right to sue letter often given, ADEA does not require it. If one
provided, must act within 90 days.
* Technically can sue any time from 60 days after timely filing EEOC
charge until 90 days after RTS provided, if provided.

Question 20

What is the process for filing a sec1981 complaint?

Answer 20

There is none. Just go ahead and file within the statue of limitations.

Question 21

Where are the places a suit can be filed? 4

Answer 21

1. in any judicial district in
   the State in which the unlawful employment practice is
   alleged to have been committed,
2. in the judicial district in
   which the employment records relevant to such practice are
   maintained and administered,
3. or in the judicial district in
   which the aggrieved person would have worked but for the
   alleged unlawful employment practice,

4.but if the respondent
is not found within any such district, such an action may be
brought within the judicial district in which the respondent
has his principal office.

Question 22

What are the 4 elements of a McDonnel prima face case?

Answer 22

I am a member of a protected class
2. I was qualified for the job with Defendant
3. Defendant did not hire me even though I was qualified.
4. Defendant failed to hire me b/c of my protected class.

Question 23

What are some affirmative defences an employer can raise?

Answer 23

1. they have mandatory arbitration clauses in hiring contract
2. settlements?

Question 24

Can you waive a substantive right before a cause of action arises?

Answer 24

No, but it can be waived in the process of reaching a settlemnt

Question 25

What do you need in order to file a EEOC claim outside of the 180/300 day deadline?

Answer 25

Need “Extraordinary circumstances” which include fraud, misleading, or active concealment of the charging party’s rights

Question 26

When must the EEOC issue a right to sue letter?

Answer 26

no less tan 180 days after the complaint is filed

Question 27

what happens if a planitff files suit before they have a right to sue letter?

Answer 27

the case will be thrown out for failure to exhaust administrative remedies

Question 28

after reciving a right to sue letter, wen must a planitff file suit?

Answer 28

within 90 days of receiving the right to sue letter

Question 29

what 3 things can allow the court to enable a suit to be filed after the 90 days expire?

Answer 29

o If the defence never asserted it o They can toll the period if thep lanitff is suffering from a mental condition o They can preclude the 90 day rule when the charging party was misled about the staturoy requiremnts by either the EEOC or by the employer’s promises

Question 30

For an ADEA claim, when can a planitff file suit?

Answer 30

They don't need a right to sue letter. they can file suit anytime between 60 days after filing the complaint up to 90 days after receiving a right to sue letter from the EEOC

Question 31

do pleadings need to show a prima facie case?

Answer 31

no, they only need a short, plain statement explaining why the party is entitled to relief.